Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-03-05

Tried I'm the District Court This
Week.
In the month OF May 1881, Messrs. Dun.
son and Schlomberg. Of Silver City. obtained
lease from the VIM. Penn Mining Company.
Of the same place, to extract ore from the
VIM. Penn mine. This lease held for two
years. This ground that was leased to the
parties really belonged to the Vivian Com
pany, but for a number Of years it was
claimed by the VIM. Penn Ce. Schlomberg
and Dunson went to work and sunk q shaft
70 feet deep on the ground and also drifted
about 30 feet. They took from the mine
2,o68 tons OF ore that averaged
SIG per ton, and paid to the WIN. Penn Com
pany a royalty Of 6 per cent. which amount,
ed to $4,000. After working about six
months the parties who had the lease con-
nected with tunnel owned by Bray, which
ran through the vivian or VIM. Penn ground
into his own (Bray's) ground. Schlomberg
at this time bought out his partners interest
in the lease and took in his brother. When
Bray learned that Sclomberg had connected
with his tunnel he Immediately claimed the
ledge that Mr.. S. was working on, to be his,
and ordered the parties of. In order 10 have
no trouble Mr.. Schlomberg agreed to pay
Mr.. Bray 50 cents ton royalty fer the use
OF his tunnel. This was q mere verbal
agreement. Afterwards an agreement was
drawn up in writing by Bray's attorney re-
stricting Schlomberg from working certain
portions Of the Daniel Webster ledge which
was claimed by both the VIM. Penn Compa.
ny and Bray. Schlomberg not noticing the
restriction clause in the agreement, went on
with the work Of extracting ore wherever he
saw fit. Bray sent Constable to stop the
work. but Sclomberg paid no attention 10
the notification, believing that Brry had no
claim to this Daniel Webster ledge. A tun.
mel 600 feet long was then run about 30 feet
below Bray's tunnel, and an upraise Of 50
feet made, where body Of ore was struck.
From this restricted ground $40 tons Of rock
we're taken, the value Of which was about
St2. 900. Another tunnel was then run in
60 feet about 80 feet above Bray's tunnel.
Here another body Of ore was struck fIom
which I,4aS tons were taken. The lease
Mr.. Schlomberg had at this time expired and
he turned the ground over to the VIM. Penn
Company. This was in June 1884. Mr.. $.
then started for Oregon, where he arrived in
Portland on the I'D day OF November, 1884.
After being about week in Oregon, Mr.. S.
bought ranch in Lane county, for which he
paid the sum Of $4,000. After this Mr.. S.
returned to Silver City. arriving on the 10th
day Of November, 1884, three days after
which he was sued for the sum Of $45, 900
which it was claimed was the amount that
had been taken from the restricted ground
below the Bray tunnel. This case was tried
in Virginia City by jury when it was proven
that one. third Of this amount Of money only,
had been taken from the restricted ground.
and the other two. thirds came from that por-
ton OF the ledge above Bray's tunnel. Con.
sequently Bray received damages for IS. 100.
Schlomberg, to get money to pay his attor
neys pending litigation, sold his Oregon
ranch to his wife for $1,000. After Btay
received judgement Schlomberg returned to
Oregon, where he acted as agent for his wife
in conducting the business of farming. He
remained there about year. and then again
returned to Silver City, when he was ar.
rested on charge Of leaving the State with
the intention OF deirauding his creditors.
The complaint asked for veri6cation Of the
judgement already had; also that the jury
find fraud in the sale OF the ranch TO the wife,
and that Mrs. S. held the property in trust
for her husband. The case came up for trial
on the sSth ult. Judge King. r. IL. Lind
sey, 7. Coffin, ]. d. Torreyson and w. E.
F. Deale appeared for plaintiff. and F. NJ.
Huifaker and NJ. N. Stone for defendant.
After the evidence and arguments the jury
found for plaintiff and Mr.. S. was remanded
to the custody Of the Sheriff. The Vivian
Company has since begun work on its claim
and has followed its ledge into the ground
in dispute. from which all the rock above
mentioned was taken. The boundaries Of
the Vivian mine embrace all this ground.
The Vivian is patented claim and the prin-
cipal owner is Mr.. II. M. Yenngton, OF Car.
son.